By Kitchen H.B. No. 3384
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain Class C habitual offenders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 481.125, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG
1-7 PARAPHERNALIA. (a) A person commits an offense if the person
1-8 knowingly or intentionally uses or possesses with intent to use
1-9 drug paraphernalia to plant, propagate, cultivate, grow, harvest,
1-10 manufacture, compound, convert, produce, process, prepare, test,
1-11 analyze, pack, repack, store, contain, or conceal a controlled
1-12 substance in violation of this chapter or to inject, ingest,
1-13 inhale, or otherwise introduce into the human body a controlled
1-14 substance in violation of this chapter.
1-15 (b) A person commits an offense if the person knowingly or
1-16 intentionally delivers, possesses with intent to deliver, or
1-17 manufactures with intent to deliver drug paraphernalia knowing that
1-18 the person who receives or who is intended to receive the drug
1-19 paraphernalia intends that it be used to plant, propagate,
1-20 cultivate, grow, harvest, manufacture, compound, convert, produce,
1-21 process, prepare, test, analyze, pack, repack, store, contain, or
1-22 conceal a controlled substance in violation of this chapter or to
1-23 inject, ingest, inhale, or otherwise introduce into the human body
2-1 a controlled substance in violation of this chapter.
2-2 (c) A person commits an offense if the person commits an
2-3 offense under Subsection (b), is 18 years of age or older, and the
2-4 person who receives or who is intended to receive the drug
2-5 paraphernalia is younger than 18 years of age and at least three
2-6 years younger than the actor.
2-7 (d) An offense under Subsection (a) is a Class C
2-8 misdemeanor, unless the offense is enhanced under Section 12.43(c),
2-9 Penal Code.
2-10 (e) An offense under Subsection (b) is a Class A
2-11 misdemeanor, unless it is shown on the trial of a defendant that
2-12 the defendant has previously been convicted under Subsection (b) or
2-13 (c), in which event the offense is punishable by confinement in
2-14 jail for a term of not more than one year or less than 90 days.
2-15 (f) An offense under Subsection (c) is a state jail felony.
2-16 SECTION 2. Section 12.43, Penal Code, is amended to read as
2-17 follows:
2-18 Sec. 12.43. Penalties for Repeat and Habitual Misdemeanor
2-19 Offenders. (a) If it is shown on the trial of a Class A
2-20 misdemeanor that the defendant has been before convicted of a Class
2-21 A misdemeanor or any degree of felony, on conviction he shall be
2-22 punished by:
2-23 (1) a fine not to exceed $4,000;
2-24 (2) confinement in jail for any term of not more than
2-25 one year or less than 90 days; or
2-26 (3) both such fine and confinement.
3-1 (b) If it is shown on the trial of a Class B misdemeanor
3-2 that the defendant has been before convicted of a Class A or Class
3-3 B misdemeanor or any degree of felony, on conviction he shall be
3-4 punished by:
3-5 (1) a fine not to exceed $2,000;
3-6 (2) confinement in jail for any term of not more than
3-7 180 days or less than 30 days; or
3-8 (3) both such fine and confinement.
3-9 (c) If it is shown on the trial of an offense punishable as
3-10 a Class C misdemeanor under Section 42.01 or 49.02, or under
3-11 Section 481.125(a), Penal Code, that the defendant has been before
3-12 convicted under any [either] of those sections three times or three
3-13 times for any combination of those offenses and each prior offense
3-14 was committed in the 24 months preceding the date of commission of
3-15 the instant offense, the defendant shall be punished by:
3-16 (1) a fine not to exceed $2,000;
3-17 (2) confinement in jail for a term not to exceed 180
3-18 days; or
3-19 (3) both such fine and confinement.
3-20 (d) If the punishment scheme for an offense contains a
3-21 specific enhancement provision increasing punishment for a
3-22 defendant who has previously been convicted of the offense, the
3-23 specific enhancement provision controls over this section.
3-24 SECTION 3. (a) The change in law made by this Act applies
3-25 only to an offense committed on or after the effective date of this
3-26 Act. For purposes of this section, an offense is committed before
4-1 the effective date of this Act if any element of the offense occurs
4-2 before the effective date.
4-3 (b) An offense committed before the effective date of this
4-4 Act is covered by the law in effect when the offense was committed,
4-5 and the former law is continued in effect for that purpose.
4-6 SECTION 4. This Act takes effect September 1, 2001.
4-7 SECTION 5. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.